Legal Question in Family Law in California
I am in a divorce situation and share 50/50 custody of my son with my ex. We have been splitting various expenses such as Scout Dues, the cost of hair cuts, the cost of cleats for soccer and other such costs. But now after about 3 years of a finalized divorce my ex says legally she will not split any cost other than medical which is specifically mentioned in the divorce decree.
The language in the decree says some of the following:
"The Parties agree that neither Petitioner nor Respondent shall pay to the other party any amount of child support at this time. Having considered the best interests of the child and having reviewed the monthly expenses of raising the child, Petitioner and Respondent shall share the costs of raising the child equally."
"Petitioner and Respondent shall each be responsible for 50% of the child�s
educational and medical costs.
b. Petitioner and Respondent agree to share cost of purchases for minor child
that are over $100 per item, with prior written approval for such purchases
from the other parent."
Is she allowed to not pay for all things unless they are medical or school related?
I feel that the language of, "Having considered the best interests of the child and having reviewed the monthly expenses of raising the child, Petitioner and Respondent shall share the costs of raising the child equally," would indicate she does need to pay for things like haircuts or Scout dues, etc.
1 Answer from Attorneys
The answer to your question is staring right at you in your question. "b. Petioner and Respondent agree to share cost of purchase for minor child that are over $100 per item, with prior written approval for such purchase." So haircuts and scout dues are only shared if they are over $100 and you get her prior approval for the expenditure. Otherwise one of you has to pay it without reimbursement.
Most couples just take turns on things like hair cuts unless one of them cares more about the cut and wants to control it. If she balks at things like scout dues over $100, just let your child know that they need to work out with mom whether they get to do scouts.
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